Potentially BIG Twist In The Story Surrounding Bakers Who Refused To Make Gay Wedding Cake

An Oregon family-owned business faces a $135,000 state-imposed fine and potential bankruptcy because two years ago, the bakers declined to make a wedding cake for a same-sex couple. However, based on new information obtained through a Freedom of Information Act (FOIA) request, the owners are asking for their case to be re-opened.

The Daily Signal, which made the FOIA request, reports that multiple communications between the Oregon Bureau of Labor and Industry (BOLI) and the LGBT organization Basic Rights Oregon raise questions about potential state bias in ruling against the bakery.

The case began in February 2013 when lesbian couple, Rachel and Laurel Bowman-Cryer, filed a complaint with BOLI after Melissa and Aaron Klein–co-owners of Sweet Cakes by Melissa as well as Christians–turned down the opportunity the previous month to make them a wedding cake.

As was the case with Memories Pizza, the Kleins were happy to serve homosexuals in their bakery, and in fact, the lesbian couple in the case had been customers in the past. However, because of their Christian faith, the Kleins believed they should not participate in the same-sex wedding.

Same-sex marriage was not even legal in Oregon at the time; a federal judge struck down the state’s definition of marriage being between a man and a woman over a year later in May 2014.

In August 2013, BOLI opened its investigation against Sweet Cakes by Melissa.

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During the course of the inquiry, BOLI’s Commissioner, Brad Avakian, met with the state’s largest gay rights group, Basic Rights Oregon, on multiple occasions. The group at the time was making a strong push to legalize same-sex marriage in the state by gathering signatures for a proposed 2014 ballot initiative.

The Daily Signal’s FOIA request sought correspondence between Avakian and Basic Rights Oregon–and through it obtained copies of multiple texts, emails, and phone calls between the two.

“Emails…show Avakian purchasing tickets costing hundreds of dollars to attend Basic Rights Oregon’s annual fundraising galas and gay pride parades, while his agency’s case against the Kleins was underway,” The Daily Signal reports. Basic Rights Oregon was supportive of Avakian, as well, having given $8000 to his campaign to become commissioner in 2012.

The BOLI administrative law judge hearing the case, Alan McCullough–appointed by Avakian–ruled on April 24 that the Kleins pay an astounding $135,000 to Rachel and Laurel Bowman-Cryer. He found the Kleins had imposed mental, physical, and emotional damages upon the lesbian couple by refusing to serve them.

Based on the documents obtained by The Daily Signal, the Kleins’ attorney asked the judge on Friday to re-open the record and reconsider his ruling.

Avakian has the final authority to sign off on the decision or not, as well as change the fine amounts.

“I think the case should be pulled out of [the Bureau of Labor and Industries] court and put into a civil court because I cannot get due process here,” Aaron Klein told the Daily Signal. “We were shut down at every turn, so to say that Basic Rights Oregon should have access to [Avakian], that is absolutely ludicrous.”

Image Credit: Facebook/Sweet Cakes By Melissa/The Klein Family

If Avakian accepts McCullough’s ruling, the Kleins plan to appeal. The couple is facing damages of $150,000 because of the BOLI legal action and had to close down their business.

A GoFundMe site was established to help cover their legal and other costs. Much like Memories Pizza, the page raised $109,000 in a day before GoFundMe pulled it down because the Kleins had been found guilty of a “crime” by BOLI.

The Christian fundraising site Continue to Give, usually used to fund missionaries, stepped in, allowing an alternative fundraising page; and Franklin Graham’s organization Samaritan’s Purse also established a page to raise funds for the Kleins and other Christians in similar situations.

The Kleins post updates about the case on the Sweet Cakes by Melissa Facebook page.